Lower courts can no longer issue nationwide policy blocks as a means of stopping government policy in the short term, per a Supreme court decision. Lower courts can now only block policy for people who file a lawsuit. The decision greatly limits the ability of lower circuit courts to block other immigration policies.
On January 20, 2025, the government signed an executive order excluding birthright citizenship to children born to parents with nonimmigrant status. Children of parents with temporary nonimmigrant status will be excluded from automatic birthright citizenship. The executive order wouldn’t affect children that have one parent that’s a U.S. citizen or lawful permanent resident.
Federal judges in three states issued separate nationwide blocks on enforcing the order as policy. They argued it violated the citizenship clause of the 14th Amendment of the United States Constitution. A circuit panel decided not to remove the blocks when the government filed an appeal. The government called on the U.S. Supreme Court to resolve the issue in response.
The Supreme court ignored the question of the constitutionality of the executive order and instead decided that lower courts can’t issue nationwide injunctions against it. The three lower courts must adjust their lawsuits to only include the individual plaintiffs or organizations. It isn’t clear if the decision retroactively applies to nationwide blocks on other government policies issued before the ruling. The executive order will go into effect on July 27, 2025.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.